Norton Lindsey & Wolverton Cricket Club

Club Constitution

 

Norton Lindsey & Wolverton Cricket Club 2022 Constitution

  • Name

    The name of the Club is Norton Lindsey & Wolverton Cricket Club

  • Club Purposes

                      To promote the game of amateur cricket within the local community.

    To provide competitive and friendly cricket fixtures.

    To provide and maintain coaching and practice facilities, as well as opportunities for the cricket development of playing members.

    To provide and maintain the accommodation and facilities for the social and playing activities of Club members and visitors.

  • Affiliation
    • The Club is affiliated to the England and Wales Cricket Board through the Warwickshire Cricket Board.
    • The Club and its members shall ensure that members, playing and non-playing, abide by the ECB Code of Conduct which incorporates the Spirit of Cricket and by the Laws of Cricket.
    • The Club shall adopt and implement the ECB Safe Hands – Cricket’s Policy for Safeguarding Children and any future versions of the policy.The Club must also have a separate club safeguarding Policy Statement, as required by the ECB.[1]
    • The Club shall adopt and implement the ECB Club Inclusion and Diversity Policy and any future versions of this policy.[2]
  • Permitted means of advancing the Purposes[3]
    • The Committee has the power to:
    • acquire and provide grounds, equipment, coaching, training and playing facilities, clubhouse, transport, medical and related facilities;
    • provide coaching, training, medical treatment, and related social and other facilities;
    • take out any insurance for the Committee, employees, property, contractors, players, guests and third parties as deemed necessary;
    • raise funds by grants, appeals, subscriptions, loans and charges;
    • borrow money and give security for the same, and open bank accounts;
    • set aside or apply funds for special purposes or as reserves;
    • deposit or invest funds in any lawful manner;
    • employ and engage staff and others and provide services;
    • co-operate with any organisation, club, sporting body, government or government-related agencies; and
    • do all other things reasonably necessary to advance the purposes of the Club.
    • NONE of the above powers may be used other than to advance the purposes consistently with the Rules below and the general law.
  • Membership
    • Membership of the Club shall be open to anyone interested in the sport on application, regardless of sex, age, disability, ethnicity, nationality, sexual orientation, religion or other beliefs, except as a necessary consequence of the requirements of cricket.[4]
    • The Club may have different classes of membership and subscription on a non discriminatory and fair basis.The Club will have an equitable pricing policy and will keep subscriptions at levels that will not pose a significant obstacle to people participating.[5]
    • The level of subscriptions will be decided by the Committee from time to time and notified to the members. The membership year will run from January 1st to December 31st. Subscriptions shall be payable no later than 31st May and late payments will be subject to a penalty payment as decided by the Committee. The President, Vice Presidents and Honorary Life Members will be exempt from paying an annual subscription.

    The Club will have the following classes of membership[6]:

    • Club President – nominated by the Committee to represent the Club on official occasions and actively promote the Club in local cricket circles. To preside over AGMs/EGMs of the Club and may attend Committee meetings.
      • Full member- playing.
      • Youth Member – playing (aged 16-21).
      • Junior member - playing (under the age of 16).
      • Social member – non-playing.
      • Vice Presidents – by invitation of the Committee in recognition of financial support to the Club.
      • Honorary Life Member – nominated by the Committee in recognition of service to the Club.
      • Guest Members – members, supporters and officials of visiting teams on the day of the match – must be signed in en bloc in the Visitors Book by the captain of the day. Any other member may introduce a maximum of two guests on any one occasion, (provided they have not been declined membership or been expelled from the Club). Guests must be signed in to the Visitors Book and the member is responsible for the conduct of that guest.
    • Application for membership of the Club shall be by completion of a membership application form.
    • The Committee may refuse membership, or remove it, at their discretion but only for good cause such as conduct or character likely to bring the Club or cricket into disrepute and:
      • The Committee may only refuse to admit a new member if a resolution is passed at a Committee meeting where the person in question has been notified in writing in advance and been given 14 days to submit written representations for the Committee to consider at the meeting.Appeal against a refusal of membership shall be to the Appeal Committee as detailed below.
      • The procedure for taking disciplinary action against a member, including removing membership, is dealt with in more detail below.[7]
    • No person shall be eligible to take part in the business of the Club, vote at general meetings or be eligible for selection for any Club team unless the applicable subscription has been paid by the due date and/or membership has been agreed by the Committee. [Two days must also have passed since the application for membership was submitted before membership can be granted.][8]
    • All members will be subject to these Rules and by joining the Club will be deemed to accept these Rules, any Club Regulations and any Codes of Conduct that the Club has adopted. A Code of Conduct for Members and Guests must be displayed prominently to ensure that all Club guests and non-member volunteers are aware of the code and the requirement to abide by it.
    • The Secretary will keep a register of members.
    • Membership is not transferable and shall cease on death.
    • A member may resign by written notice to the Club, without refund of paid membership fees.
  • All General Meetings[9]
    • All members may attend all general meetings of the Club in person.
    • All members [over the age of 16 ] have one vote.
    • Members must be given at least [7] clear days [electronic] notice of all general meetings.[10]
    • The quorum for all general meetings is 20 members present of whom the majority must be Playing Members
    • If a quorum is not present within 15 minutes of the start of the meeting, the meeting will be adjourned to the following week at the same time and place or such other time and place as the Committee decide and any voting members attending the adjourned meeting will constitute a quorum.
    • The President or Committee Chairman, or in their absence another member chosen at the meeting by the members, shall preside.
    • Except as otherwise provided in these Rules or in Club Regulations every resolution shall be decided by a simple majority of the votes cast on a show of hands.
  • Annual General Meetings
    • The Club will hold an AGM once in every calendar year and not more than 15 months after the last AGM.The financial year will normally run from November to October, but the Committee will have the power to change the financial year end if it considers it necessary to meet the financial and operating requirements of the Club. At every AGM:
      • the members will elect a Committee including a Chair, Treasurer, Secretary, Cricket Manager, Fixture Secretary, Social & Publicity Secretary, Bar Manager, Sponsorship & Fund Raising Secretary, Groundsman, League XI Captains, Junior Organiser, Safeguarding Officer and Village Hall Committee Representative.The Committee to serve until the next AGM, but be eligible for re-election.
      • the Treasurer will produce accounts of the Club for the latest financial year inspected and certified as the Committee shall decide.
      • the Chairman will present a report on the Club's activities since the previous AGM.
      • the members will discuss and vote on any resolution (whether about policy or to change the Rules) and deal with any other business put to the meeting.
      • members may submit resolutions to an AGM giving at least 14 days notice and bearing the signature of at least 5 members.
      • a quorum for an AGM will consist of at least 20 members of whom the majority must be Playing Members and in the event of a tied vote the President will have an additional casting vote.
      • The Club constitution may only be changed at an AGM/EGM by at least 75% of those members present voting in favour.
      • At the discretion of the Management Committee the AGM or any EGM may be held by electronic means if circumstances so dictate.
  • Extraordinary General Meetings (EGM)
    • An EGM shall be called by the Secretary within 14 days of a request to that effect from the Committee or on the written request of not less than 5 members signed by them.The 5 members are required to attend the EGM.Such EGM shall be held not less than 14 nor more than 21 days’ notice at a place decided upon by the Committee or in default by the Chair.If the Committee fails to call a meeting within 14 days of receiving a valid request from the members then the requisitionists may themselves call a meeting.
  • The Committee

    Role

    • Subject to these Rules the Committee shall have responsibility for the management of the Club, its funds, property and affairs.
    • Property, etc.[11]
      • The property and funds of the Club cannot be used for the direct or indirect private benefit of members other than as reasonably allowed by the Rules and all surplus income or profits are to be re-invested in the Club.No surpluses or assets will be distributed to members or third parties.[12]
      • The Club may provide sporting and related social facilities, sporting equipment, coaching, courses, insurance cover, medical treatment, away-match expenses, match refreshments and other ordinary benefits of Community Amateur Sports Clubs as provided for in the Corporation Tax Act 2010 and the Community Amateur Sports Clubs Regulations 2015 (as modified by statute or re-enacted from time to time) (the “CASC Regulations”).[13]
      • The Club may also in connection with the sports purposes of the Club:
        • sell and supply food, drink and related sports clothing and equipment;
        • employ members[14] and remunerate them for providing goods and services, on fair terms set by the Committee without the person concerned being present; This is subject to any overriding rules of the league competition in which the Club participates.
        • pay for reasonable hospitality for visiting teams and guests; and
        • hire the Club’s facilities to another organization, providing that the Club obtains a financial or cricket benefit from such arrangements. The hiring organization should be signed in as guests of the Club if bar facilities are provided.
        • set up sub-committees for specific tasks.
      • The Committee shall ensure that they take practical steps to comply with legislation relating to both The Equality Act 2010 and the safeguarding of children and vulnerable adults.
      • The Committee may co-opt Club members or advisers at its discretion, to strengthen the skills, resources and enthusiasm on specific projects or to fill a vacancy to serve until the end of the next AGM.
      • A Committee member ceases to be such if he or she:
        • ceases to be a member of the Club; or
        • resigns by written notice to the Club; or
        • is removed by the Committee in accordance with the Club’s disciplinary procedures.
        • fails to attend 3 consecutive Committee meetings without reasonable excuse.
      • At the discretion of the Committee, meetings may be held virtually, by electronic means

    Purchase and Supply of Liquor

                Intoxicating liquor shall not be supplied by or on behalf of the Club other than to:-

                       Members and guests of the Club over 18 years of age.

                Intoxicating liquor shall not be supplied under any circumstances to persons aged under the age of 18 years.

                The purchase and supply of liquor shall be in the sole control of the Bar Manager and the Committee  No person shall be entitled to receive at the expense of the Club or any member thereof any commission, percentage or similar payment on or with reference to the purchasing of intoxicating liquor by the Club; nor shall any person directly or indirectly derive any pecuniary benefit from the supply of intoxicating liquor by or on behalf of the Club to members or guests apart from any benefit accruing to the Club as a whole by reason of a supply giving rise to or contributing to a general gain from the carrying on of the Club.    

                The permitted hours for the supply of intoxicating liquor shall be as provided by the provisions of the Licensing Act 2003 or subsequent statute or as provided by the appropriate Licensing Authority.

    Committee Meetings

    • Whenever a Committee member has a personal interest in a matter to be discussed he/she must declare it, withdraw from that part of the meeting (unless asked to stay), not be counted in the quorum for that agenda item and withdraw during the vote and have no vote on the matter concerned.Conflicts of Interest must be recorded and minuted.[15]
    • The Committee shall meet at least four times each year.[16] The Committee may decide its own way of operating.Unless it otherwise resolves the following rules apply:
      • at least 2 of the President, Chairman, Secretary and Treasurer must be present for the meeting to be valid;
      • Committee meetings may be held either in person or by telephone, televisual or other electronic or virtual means agreed by the Committee in which all participants may communicate simultaneously with all other participants;[17]
      • the Chair or whoever else those present choose shall chair meetings;
      • decisions shall be by simple majority of those voting;
      • the Chair of the meeting shall have a casting vote.
    • The Committee shall appoint a Club Safeguarding Officer to ensure compliance with safeguarding legislation and the ECB Safe Hands policy.The Club Safeguarding Officer shall be a Committee member and report to relevant Committee meetings and the reports, together with any action taken, must be minuted.[18]

    Bank Accounts

    • Any bank accounts in which any part of the Club’s funds are deposited shall be operated by the Committee and shall be held in the name of the Club.Unless regulations state otherwise, all cheques and orders for payment of money from such accounts must be signed by at least two people authorised by the Committee, including payments made via on-line banking.

    Disclosure

    • Annual Club reports and statements of account must be made available for inspection by any member and all club records may be inspected by any Committee member.
  • Removal of Membership, Discipline and Appeals
    • Any complaints regarding the behaviour of members, guests or volunteers should be lodged in writing with the Secretary.
    • Any person that is the subject of a written complaint or appeal shall be notified of the procedures to be followed by the relevant committee in reasonable time to prepare for any hearing.
    • The Committee shall appoint a disciplinary sub-committee (Disciplinary Sub-Committee) who will meet to hear complaints within [21] days of a complaint being lodged.Any person requested to attend a Disciplinary Sub-Committee shall be entitled to be accompanied by a friend or other representative and to call witnesses.The Disciplinary Sub-Committee has the power to take appropriate disciplinary action on behalf of the Committee, including the termination of membership and/or exclusion from Club premises.
    • The outcome of the disciplinary hearing shall be put in writing to the person who lodged the complaint and the person against whom the complaint was made within [14] days following the hearing.
    • There shall be a right of appeal within 14 days of the outcome of the disciplinary decision or decision to refuse membership being sent to the person concerned:
      • against the Disciplinary Sub-Committee’s findings or the sanction imposed or both; and
      • against the Committee’s refusal to admit a new member.
      • any appeal must state the grounds for appeal.
    • in either case, the Committee shall appoint an appeals committee (“Appeals Committee”).The Appeals Committee shall have a maximum of three members which shall not include members involved with the initial disciplinary hearing but may include non-members of the Club.The Appeals Committee shall consider the appeal within [21] days of the Secretary receiving the appeal.The individual who submitted the appeal shall be entitled to be accompanied by a friend or other representative and to call witnesses.The decision of the Appeals Committee shall be final and binding on all parties.
    • Notice of all general meetings must also be put on the Club’s notice board(s) and website.
    • A technical defect in the giving of notice of which the members or the Committee are unaware at the time does not invalidate decisions taken at a meeting.

     

    Safety

    The Club will follow the rules and guidelines laid down by the England and Wales Cricket Board (or its successor) with regard to the use of playing safety equipment and codes of conduct, especially where this applies to Junior and Youth members.  

  • Notices
    • Notices to be sent out in accordance with these Rules may be sent by hand, or by suitable electronic means and will be treated as being received:
      • 24 hours after being sent by electronic means or delivered by hand to the most recent address held by the Club.
  • Amendments
    • These Rules may be amended at a general meeting by resolution passed by 75% of the votes cast but not (if relevant) so as to jeopardise the Club’s status as a Community Amateur Sports Club as first provided for by the CASC Regulations and not in any event to alter its purposes or winding up provisions.[19]
    • The Club Purposes may be changed to include another eligible sport if the Committee unanimously agree and the members also agreed the change by a 75% majority of votes cast at a general meeting.
  • Winding Up the Club
    • The members may vote to wind up the Club if not less than three quarters of those present and voting support that proposal at a properly convened general meeting.
    • The Committee will then be responsible for the orderly winding up of the Club’s affairs.
    • After settling all liabilities of the Club, any remaining assets shall be given or transferred to another registered CASC, a registered charity or the sport’s governing body for use by them in related community sports.[20]
    •  
  • Adopted at a meeting held on
  • at [Place]
  • ·on [Date]
  • Signed by Chairman
  • Name……………………………………
  • Signature……………………………………
  • Witnessed by Secretary
  • Signed…………………………………
  • Name……………………………………

[1] This clause is compulsory for ECB Clubmark.

[2] This clause is compulsory for ECB Clubmark.

[3] It is good governance to include a list of powers that the Club can use to implement its objects.

[4]   This is compulsory for CASCs.  For ECB Clubmark it is suggested wording.  For a non-CASC, the requirement might be satisfied by the absence of any provisions that contradict this (such as provisions regarding seconding or blackballing, which are not permitted).

[5]   Having non-discriminatory pricing is compulsory for CASCs.  For ECB Clubmark, it is suggested wording.

[6]   Classes of membership can be changed as appropriate for your Club but bear in mind the comments in the online HMRC CASC guidance see footnote 1.

[7] It is good governance to set out why, when and how a member can be refused entry or removed from the Club.  This is suggested wording.

[8] Words in squared brackets are required for clubs wishing to hold a Club Premises Certificate under the Licensing Act 2003

[9] This is suggested wording.  The constitution should include provisions about members’ meetings, how they are called, the quorum and voting procedures.  .

[10] Notice periods and the method of giving notice can be changed but must be reasonable.

[11] The whole of this clause is CASC compliant and should not be changed if the Club is a CASC (having chosen the CASC optional wording).

[12] Words must be included if the Club is or wishes to be a CASC.  They should be deleted for non-CASCs that have a dissolution clause allowing assets to be transferred to members.

[13]Words in squared brackets are compulsory for CASC.

 

[15] This is compulsory for ECB Clubmark. It is best practice to include this in the constitution, but Clubmark only requires that it is satisfied in practice.

[16] This is compulsory of ECB Clubmark.  It is best practice to include this in the constitution, but Clubmark only requires that it is satisfied in practice.

[17] This clause may be amended to state that meetings can only be held ‘face to face’ if preferred.

[18] This clause, or similar language, is compulsory for ECB Clubmark.

[19] Include words for CASCs. 

[20] Compulsory wording for a CASC.